US Announces Civil Rights Protections For Transgender Workers
Source: AP
WASHINGTON (AP) The government is now interpreting federal law to explicitly prohibit workplace discrimination against transgender individuals.
That means the Justice Department will be able to bring claims on behalf of people who say theyve been fired by a public employer based on gender identity.
In defending lawsuits, the federal government also will no longer take the position that the Civil Rights Act does not protect against workplace discrimination on the basis of gender status.
The memo released Thursday is part of a broader Obama administration effort to afford workplace protection for transgender employees. In July, President Barack Obama ordered employment protection for gay and transgender employees who work for the U.S. government or for companies holding federal contracts.
Read more: http://washington.cbslocal.com/2014/12/18/us-announces-civil-rights-protections-for-transgender-workers/
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(4,389 posts)steve2470
(37,457 posts)branford
(4,462 posts)The DOJ will now simply take the position that transgendered workers are protected by Title VII. Some courts agree with this position, but many others do not. Courts determine the scope and applicability of laws, not the DOJ, although some courts find the DOJ positions persuasive.
I doubt that most of the courts who have explicitly held that Title VII does not apply to transgenedered workers will alter their position absent a ruling from the Supreme Court, particularly since Congress has often debated adding specific mention of the transgenederd in federal civil rights statutes, but has thus far refused to do so.
http://www.washingtonpost.com/news/post-nation/wp/2014/12/18/doj-transgender-people-cant-be-discriminated-against-at-work/